OFFENCES UNDER THE ANTI-CORRUPTION CODE
The conduct described in Articles 2.1 – 2.4, if committed by Participantshall amount to an offence by such Participant under this Anti-Corruption
Code
2.1 Corruption:
2.1.1 Fixing or contriving in any way or otherwise influencing improperly, or being a party
to any effort to fix or contrive in any
way or otherwise influence improperly, the result, progress, conduct or any
other aspect of any Match or Event.
2.1.2 Seeking,
accepting, offering or agreeing to accept any bribe or other Reward to fix or to contrive in any way
or otherwise to influence improperly the result, progress, conduct or any other
aspect of any Match or Event.
2.1.3 Failing
or refusing, for Reward, to perform to one’s abilities in a Match.
2.1.4 Soliciting,
inducing, enticing, instructing, persuading, encouraging or facilitating (a)
any Participant to commit an offence
under any of the foregoing provisions of this Article 2.1 and/or (b) any other
person to do any act that would be an offence if that person were a Participant
2.2 Betting:
2.2.1 Placing, accepting, laying or otherwise entering
into any Bet with any other party
(whether individual, company or otherwise) in relation to the result, progress,
conduct or any other aspect of any Match or
Event.
2.2.2 Soliciting,
inducing, enticing, instructing, persuading, encouraging, facilitating or authorising
any other party to enter into a Bet
for the direct or indirect benefit of the Participant
in relation to the result, progress, conduct or any other aspect of any Match or Event.
2.2.3 Ensuring
the occurrence of a particular incident in a
Match or Event, which occurrence
is to the Participant’s knowledge the
subject of a Bet and for which he/she
expects to receive or has received any Reward.
2.3 Misuse of Inside Information:
2.3.1 Using,
for Betting purposes, any Inside Information.
2.3.2 Disclosing Inside Information to any person (with or without Reward) before or during any Match or Event where the Participant might
reasonably be expected to know that disclosure of such information in such
circumstances could be used in relation to Betting.
NOTE:
Any potential offence under this
Article will be considered on its own set of facts and the particular circumstances
surrounding any relevant disclosure.
For example, it may be an offence under this clause to disclose
Inside Information: (a) to journalists or other members of the media;
and/or (b) on social networking websites where the Participant might
reasonably be expected to know that disclosure of such information in such
circumstances could be used in relation to Betting. However, nothing in this Article is
intended to prohibit any such disclosure made within a personal
relationship (such as to a member of the Participant's family) where it is
reasonable for the Participant to expect that such information can be
disclosed in confidence and without being subsequently used for
Betting.
2.3.3 Soliciting,
inducing, enticing, persuading, encouraging or facilitating (a) any
Participant to commit an offence under
any of the foregoing provisions of this Article 2.3 and/or (b) any other person
to do any act that would be an offence if that person were a
Participant.
2.4 General:
2.4.1 Providing or receiving any gift, payment or
other benefit (whether of a monetary value or otherwise) in circumstances that
the Participant might reasonably have
expected could bring him/her or the sport of cricket into disrepute.
NOTE: This
Article is only intended to catch ‘disrepute’ that, when considered in all
of the relevant circumstances, relates (directly or indirectly) to any of the
underlying imperatives of and conduct prohibited by this Anti-Corruption
Code (including as described in Article 1.1).
Where
any substantial gift, payment or other benefit is received by any
Participant from an unknown person or organization and/or for no apparent
reason, such Participant is advised to report such receipt to the
Designated Anti-Corruption Official (or his/her designee). Where such Participant does not make such
a report, then that is likely to constitute strong evidence of the
commission of this offence.
2.4.2
Failing or refusing to disclose to the ACU BCCI (without undue delay) full details of any approaches or invitations received by the Participant to engage in conduct that
would amount to a breach of this Anti-Corruption
Code.
NOTE: All Participants shall have a continuing obligation to report any new incident, fact, or matter that may evidence an offence under this Anti-Corruption Code to the ACU BCCI, even if the Participants' prior knowledge has already been reported.
2.4.3 Failing or refusing to disclose to the ACU BCCI (without undue delay) full
details of any incident, fact, or matter that comes to the attention of a Participant that may evidence an offence
under this Anti-Corruption Code by a
third party, including (without limitation) approaches or invitations that have
been received by any other party to engage in conduct that would amount to a
breach of this Anti-Corruption Code.
2.4.4 Failing
or refusing, without compelling justification, to cooperate with any reasonable
investigation carried out by the Designated
Anti-Corruption Official (or his/her
designee) in relation to possible offences under this Anti-Corruption Code, including failure to provide any information
and/or documentation requested by the Designated
Anti-Corruption Official (or his/her
designee) (whether as part of a
formal Demand pursuant to Article 4.3
or otherwise) that may be relevant to such investigation.
2.5 For the purposes of this
Article 2:
2.5.1 Any attempt by a Participant,
or any agreement between (a) a Participant
and (b) any other person, to act in a manner that would culminate in the
commission of an offence under this Anti-Corruption
Code, shall be treated as if an offence had been committed, whether or not
such attempt or agreement in fact resulted in the commission of such
offence. However, there shall be no
offence under this Anti-Corruption Code where
the Participant renounces the attempt
or agreement prior to it being discovered by a third party not involved in the
attempt or agreement.
2.5.2 A Participant who authorises, causes,
knowingly assists, encourages, aids, abets, covers up or is otherwise complicit
in any acts or omissions of the type described in Articles 2.1 – 2.4 committed
by his/her coach, trainer, manager, agent, family member, guest or other
affiliate or associate shall be
treated as having committed such acts or omissions himself and shall be liable
accordingly under this Anti-Corruption
Code.
2.6 The following are not
relevant to the determination of whether an offence has been committed under
this Anti-Corruption Code (although
they may be relevant to the issue of the sanction to be imposed under Article 6
in the event that it is determined that an offence has been committed):
2.6.1 Whether
or not the Player him/herself was
participating, or a Player assisted
by the Player Support Personnel was
participating, or the Umpire or Match Referee was officiating, or the Umpire Support Personnel was assisting
in the specific Match or Event in question.
2.6.2 The nature or outcome of any Bet(s) in issue.
2.6.3 The outcome of the Match(es) or Event(s) on
which such Bet was made.
2.6.4 Whether
or not the Participants' efforts or
performance (if any), in the Match(es)
or Event(s) in issue were (or could
be expected to have been) affected by the acts or omissions in question.
2.6.5 Whether or not any of the results in the Match(es) or Event(s) in issue were (or could be expected to have been) affected by the act or omissions in question.
2.7 It shall be a valid defence to a charge of an offence under this Anti-Corruption Code to prove, on the balance of probabilities, that the alleged offence was committed (and that it was not reported to the ACU BCCI thereafter) due to the Participant’s honest and reasonable belief that there was a serious threat to his/her life or safety or to the life or safety of any other person.